$1.5 Million Dollars for 86 year
old man who suffered a brain injury
and for his wife who took care of him.
The clients were backseat passengers in an
automobile driven by their son-in-law, when he made a left hand turn into a
parking lot and was struck by a bus. Our client suffered a skull fracture which
caused a brain hemorrhage which required a craniotomy as well as other injuries.
Our client maintained that he was left with a significant cognitive impairment
that manifested in memory difficulties and confusion. This was disputed by
defense counsel who stated that his memory loss and other cognitive problems
were the result of dementia and not as a result of the accident. ER records
indicated early signs of dementia. However, our neurological expert attributed
90% of the cognitive problems and memory loss to the accident and only 10% to
the early onset of dementia. There was a dispute by both parties as to whether
or not the driver in which our clients were passengers was in the right or left
lane when he was struck by the bus. We had to obtain a traffic reconstruction
expert to determine which lane the driver was in. There were numerous
depositions of all parties, medical experts, the police officer who came to the
scene of the accident and traffic reconstruction experts. This case was further
complicated by the fact that clients resided in both New York and Romania and
spent considerable time in both places. This case was finally settled through
Mediation before a Retired Superior Court Judge.